1.
Constitutional Judges and Secession. Lessons from Canada … twenty years later
(Irene Spigno/Essay)
(Irene Spigno/Essay)
... therein have been further explored in two recent cases, issued by the Italian Constitutional), and by the Spanish Constitutional Tribunal in the latest decision of the Catalonia saga (Judgment no. 114 ...
2.
Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court
(Antonia Baraggia and Maria Elena Gennusa/Essay)
(Antonia Baraggia and Maria Elena Gennusa/Essay)
... judgments on very similar matters (ECtHR’s S.H. Judgment; Judgment No. 162/2014 from the Italian CC). Such analysis revealed useful in highlighting connections and disconnections between the different ...
3.
Riddle Me This, Riddle Me That: Anti-social Behaviour, Vagueness and Judicial Discretion in the United Kingdom
(Eleonora Harris/Essay)
(Eleonora Harris/Essay)
... sacrificing one to the other. To that effect, it analyses a few pivotal judgments where the difficulty of maintaining this balance has become apparent. ...
4.
Security Council Resolutions before European Courts: The Elusive Virtue of Non Direct Effect
(Andrea Guazzarotti/Essay)
(Andrea Guazzarotti/Essay)
UN Security Council resolutions lack direct effect, as they are not intended to oblige States in terms of means but just of results. This statement by the ECJ in the Kadi judgment has recently been used ...
5.
Building Subnational Constitutionalism Through Identity Narratives. The Case of Spain
(Ilenia Ruggiu/Essay)
(Ilenia Ruggiu/Essay)
... order. In this sense judgment 38/2010 by the Spanish constitutional court took a clear position in this contrast ...
... of EU acts. This article aims to analyse whether this momentous change is reflected in the judgments of the Court of Justice, and more precisely how the Luxembourg judges are dealing with this source. ...
7.
“Euro-Bonds” The Ruiz Zambrano judgment or the Real Invention of EU Citizenship
(Loïc Azoulai/Essay)
(Loïc Azoulai/Essay)
This paper aims to provide a brief analysis of the Ruiz Zambrano judgment (Case C-34/09). Traditionally, the EU citizenship has been mainly construed as a status of integration into the Member States of ...
The judgment of the Court of Justice of the EU in the El Dridi case clarifies the scope of application of the Returns Directive, in particular with regard to the difference between criminal detention ...
9.
Speaking in Name of the Constituent Power: the Spanish Constitutional Court and the New Catalan Estatut
(Giacomo Delledonne/Note)
(Giacomo Delledonne/Note)
In June 2010 the Spanish Constitutional Court rendered a very important judgment on the constitutional legitimacy of the new fundamental charter (Estatut) of the Autonomous Community of Catalonia. Faced ...
10.
Some reflections on the choices of the European Court of Justice in the Kücükdeveci preliminary ruling
(Filippo Fontanelli/Note)
(Filippo Fontanelli/Note)
In Kücükdeveci judgment, the European Court of Justice declared that national judges must set aside national norms that are at variance with the general principle of non discrimination on grounds of age, ...
11.
The German Constitution in the future of the European Union after the sentence of the Federal Constitutional Court on the Lisbon Treaty
(Thomas Jansen/note)
(Thomas Jansen/note)
This note analyses the legal reasoning and the motivations of the recent judgment of the German Constitutional Court on the Lisbon Treaty and considers the possible impact of this ruling on the future ...
This note provides a brief comment on the Lisbon Urteil of the German Constitutional Court. The author points out the ambiguities of the judgment and its possible impact on the European integration process ...